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The US Supreme Court unanimously upheld a law Friday that would force TikTok’s sale from a Chinese state-owned firm, even as President Biden and President-elect Donald Trump have sought to block the divestment.

The nine justices ordered the qualified divestment by Jan. 19 of the California-based social media platform from Beijing-based ByteDance.

“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community,” read the key portion of the unsigned opinion.


  Members of the media outside the Supreme Court on Jan. 10, 2025. SHAWN THEW/EPA-EFE/Shutterstock Members of the media outside the Supreme Court on Jan. 10, 2025. SHAWN THEW/EPA-EFE/Shutterstock

“But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary,” the court said.

“For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights.”

Liberal Sonia Sotomayor and conservative Neil Gorsuch filed separate concurring opinions, with Gorsuch writing: “Without doubt, the remedy Congress and the President chose here is dramatic.

“The law may require TikTok’s parent company to divest or (effectively) shutter its U. S. [sic] operations. But before seeking to impose that remedy, the coordinate branches spent years in negotiations with TikTok exploring alternatives and ultimately found them wanting.”


  A protester carries a “Keep TikTok” sign outside the Supreme Court. Getty Images A protester carries a “Keep TikTok” sign outside the Supreme Court. Getty Images

Solicitor General Elizabeth Prelogar had argued before the court last week that the Protecting Americans from Foreign Adversary Controlled Applications Act was necessary and that Americans’ free speech could be “unrestricted once TikTok is freed from foreign adversary control.”

The justices agreed, with Gorsuch concluding his concurrence by writing: “Speaking with and in favor of a foreign adversary is one thing. Allowing a foreign adversary to spy on Americans is another.”

Congress passed the legislation last April and it was signed into law by Biden, 82, but the retiring commander-in-chief is not expected to enforce it in the final three days of his administration.

Instead, Biden will defer the decision to Trump, 78, when he returns to the White House on Monday.

“President Biden’s position on TikTok has been clear for months, including since Congress sent a bill in overwhelming, bipartisan fashion to the President’s desk: TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law,” said White House press secretary Karine Jean-Pierre. 


  The Supreme Court unanimously upheld the forced sale of TikTok. Getty Images The Supreme Court unanimously upheld the forced sale of TikTok. Getty Images

“Given the sheer fact of timing, this Administration recognizes that actions to implement the law simply must fall to the next Administration, which takes office on Monday.”

In a Friday floor speech, Senate Minority Leader Chuck Schumer (D-NY) said: “Everyone — the Biden administration, the incoming Trump administration even the Supreme Court — should continue working … to find an American buyer for TikTok, so we can both free the app from any influence and control of the Chinese Communist Party and keep TikTok going, which will preserve the jobs of millions of creators.”

“It ultimately goes up to me, so you’re going to see what I’m going to do,” Trump told CNN anchor Pamela Brown in a phone call after the decision.

“Congress has given me the decision, so I’ll be making the decision,” he claimed.

“The Supreme Court decision was expected, and everyone must respect it,” the president-elect added on Truth Social late Friday morning. “My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!”

Trump can order the Justice Department not to enforce the law for a period of time, or can suspend the divest or ban mandate taking effect for 90 days to allow negotiation with a US-based buyer.

Despite widespread reported interest in TikTok, ByteDance has insisted that it would rather shut down the popular app than spin it off in a likely lucrative sale — with critics saying that stance vindicates their claim that the app’s main purpose is as an intelligence-gathering tool for Communist China rather than a legitimate creative platform. 

AFP via Getty ImagesAFP via Getty Images

TikTok CEO Shou Zi Chew is planning to attend Trump’s inauguration ceremony on Monday — and posted a video on the app Friday evening thanking the president-elect “for his commitment to work with us to find a solution that keeps TikTok available in the United States.”

“More to come,” Chew teased to conclude the video.

“This will require high-stakes negotiation with key stakeholders, including ByteDance, US investors, the US app stores [Apple and Google Play], and the Chinese government,” lawyer Anthony Rapa, who specializes in sanctions and export controls, told the Post Friday. 

“This will be quite a project for a president who has presented himself as the consummate dealmaker.”

Moments before Friday’s decision, Trump announced that he had discussed the matter with Chinese President Xi Jinping.

“I just spoke to Chairman Xi Jinping of China,” Trump posted on his Truth Social a little before 9:30 a.m. ET. “The call was a very good one for both China and the U.S.A. It is my expectation that we will solve many problems together, and starting immediately.”

“We discussed balancing Trade, Fentanyl, TikTok, and many other subjects. President Xi and I will do everything possible to make the World more peaceful and safe!” he said.

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